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Have you tried navigating Washington, D.C.? Then you know how gridlock can turn a 10-minute trip into an hour-long excursion. Avoiding the aggravation of traffic congestion while improving your health is reason enough to ditch the car and take to the city on two wheels. Bicycling is also an excellent way to reduce your carbon footprint and improve your overall health.
While biking in Washington, D.C. is a great option, it can also present some unique dangers. At Marks & Harrison, we know how quickly a relaxing bike ride can turn into a nightmare. In the blink of an eye, careless motorists can change your life.
If you are in a bicycle accident, discuss your situation with an experienced Washington, D.C. bicycle accident attorney. The legal team at Marks & Harrison can review your legal options and help you recover the compensation you deserve after a tragic accident. Contact our Washington, D.C. office today for your free legal consultation.
How Common Are Bicycle Accidents?
As more people look to improve their health and the environment, bicycling is gaining popularity. The U.S. Census Bureau reports a surge in demand for bikes. The spike in demand prompted bicycle shortages across the country. Unfortunately, as the popularity of bicycles skyrockets, so does the number of bicycle-related accidents. According to the Centers for Disease Control and Prevention (CDC), almost 1,000 bicyclists die and more than 130,000 are injured in collisions across the U.S. each year.
From local preliminary data, the Metropolitan Washington Council of Governments (COG) estimates that pedestrian and bicyclist deaths account for almost 30 percent of the total traffic deaths in the region. With bicycle accidents becoming more common, the COG launched a new campaign to try and reduce the number of bicycle accidents across Washington, D.C.
What Are the Most Common Causes of Bicycle Accidents?
Bicycles are small, fast, and convenient forms of transportation. However, their compact build makes bikes much harder to see – especially for careless and distracted drivers. Visibility issues are one of the most common causes of Washington, D.C. bicycle accidents. Other causes of significant bicycle accidents include:
- Distracted driving
- Impaired driving
- Drowsy driving
- Speeding
- Not yielding
- Unsafe lane changes
- Dooring accidents
- Aggressive driving
Although not nearly as common as driver errors, mechanical failures and defective parts can also cause serious bicycle accidents.
Should I Wear a Helmet?
You should always wear a helmet when you hit the streets on your bike. Helmets save lives. Data compiled by the National Safety Council (NSC) indicates that 88 percent of bicyclist fatalities are adults, not children. Additionally, one-third of non-fatal bicycle accident injuries are to the head. Helmets help reduce the risk of head injury by more than 50 percent. As a cyclist, your best defense for preventing death or significant brain injury is wearing a helmet.
What Are the Rights and Responsibilities of Bicyclists in Washington, D.C.?
Bicycles are vehicles, meaning bicyclists must follow all the same traffic laws and regulations as cars and trucks. Cyclists are required to stop at red lights and ride with the flow of traffic. Washington, D.C. offers bicyclists a handy pocket guide to understanding local traffic regulations.
The guide also outlines common points of confusion, such as a right-of-way. Motorists may not realize that bicyclists have the same rights and responsibilities as pedestrians within crosswalks. Although cyclists must yield to pedestrians, motorists must yield to bikers.
How Do You Establish Liability for a Bicycle Accident?
Establishing liability after a bicycle accident comes down to securing evidence. Evidence that can help you build a strong claim may include:
- Police report
- Photographs and videos of the scene
- Witness testimony
- Medical documentation
This evidence needs to help demonstrate a careless motorist violated their duty of care and caused the collision. Medical records should also point to the fact that you suffered injuries and financial losses because of the driver’s actions.
Collecting evidence after an accident can be challenging, especially when recovering from significant or life-threatening injuries. A skilled Washington, D.C. bicycle accident attorney can be instrumental in helping you gather evidence and build a solid case.
What Compensation Is Available for a Washington, D.C. Bicycle Accident Claim?
The value of your bicycle accident case will vary depending on the circumstances of the accident. Numerous factors can influence the amount of compensation you may recover. In general, you may be able to seek financial compensation for the following:
- Medical expenses
- Lost income
- Loss of future earning capacity
- Property damage
- Loss of consortium
- Pain and suffering
A skilled bicycle accident attorney can review your unique situation and help evaluate the value of your case.
What If I Am Partially At Fault for the Accident?
Washington, D.C. has a strict regulation that can impact your ability to recover compensation if you are partially at fault for causing a motor vehicle accident. Under the contributory negligence model, you cannot recover financial compensation from a civil lawsuit if you are even slightly responsible for causing an accident.
However, this statute has an exception for bicyclists and other vulnerable road users. Washington, D.C. law states that a bicyclist is still entitled to full compensation if they were less than 50 percent at fault for the accident. A knowledgeable bicycle accident attorney can help gather evidence and build your case to prove you are owed compensation for your injuries – even if you are partially at fault.
How Long Do I Have to File a Bicycle Accident Lawsuit?
After being injured in a bicycle accident, you cannot take your time considering your legal options. Washington, D.C. generally gives accident victims three years from the date of the crash to file a personal injury lawsuit seeking compensation. Filing a lawsuit after this deadline can result in the case being dismissed and limit your options for recovering the money you deserve.
Contact a Washington, D.C. Bicycle Accident Lawyer
A bicycle accident can complicate your life in more ways than one. You may suffer physically and financially, making it hard to get back on your feet again. If you need help to recover the money you deserve, talk to an experienced Washington, D.C. bicycle accident lawyer with Marks & Harrison.
At Marks & Harrison, we want to help make you whole again. Contact us today for your free consultation.
